Ess Infraproject Pvt. Ltd. Office v. Shreeji Construction
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction; Arbitration Petition No.419 of 2025 with Interim Application (L) No.34292 of 2023 and Chamber Order (L) No.377 of 2025; Ess Infraproject Pvt. Ltd. & Ors. versus M/s Shreeji Construction & Ors.; Section 9 Arbitration and Conciliation Act 1996 interim reliefs; Development Agreement dated October 28, 2022; Clause 45 arbitration agreement; handover of possession of Shop Nos.1, 8 & 9, Shop No.3 and Flat No.13 to Respondent No.1 on receipt of occupation certificate; deletion of word “unconditionally” from Paragraph 5 of indemnity-cum-undertaking; withdrawal of Arbitration Petition (L) No.15772 of 2023 and Arbitration Application (L) No.18378 of 2023; Bareshell OC; transit rent until possession handed over; consent disposal; Coram: Somasekhar Sundaresan, J.; decided September 20, 2025.
What did the court decide?
Possession of Shop Nos.1, 8 & 9 (Petitioner No.1), Shop No.3 (Petitioner No.2) and Flat No.13 (Petitioner No.6) to be handed over to Respondent No.1; word “unconditionally” in Paragraph 5 of the draft indemnity-cum-undertaking to be deleted with no other changes effected; counsel for the Developer to continue paying transit rent for Flat No.13 until possession is actually handed over, with handover at the earliest.